Rule2024-21694
General Policies
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 25, 2024
Effective
September 25, 2024
Issuing agencies
Susquehanna River Basin Commission
Abstract
This document contains rules that amend the regulations of the Susquehanna River Basin Commission (Commission) to provide rules for agency procurement and bid protest procedures and for updating the general policies of the Commission to include climate change and environmental justice, revising the procedures regarding the adoption of the comprehensive plan and adding language to memorialize the Commission's Dry Cooling Resolution.
Full Text
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<title>Federal Register, Volume 89 Issue 186 (Wednesday, September 25, 2024)</title>
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[Federal Register Volume 89, Number 186 (Wednesday, September 25, 2024)]
[Rules and Regulations]
[Pages 78233-78235]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21694]
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SUSQUEHANNA RIVER BASIN COMMISSION
18 CFR Part 801
General Policies
AGENCY: Susquehanna River Basin Commission.
ACTION: Final rule.
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SUMMARY: This document contains rules that amend the regulations of the
Susquehanna River Basin Commission (Commission) to provide rules for
agency procurement and bid protest procedures and for updating the
general policies of the Commission to include climate change and
environmental justice, revising the procedures regarding the adoption
of the comprehensive plan and adding language to memorialize the
Commission's Dry Cooling Resolution.
DATES: This rule is effective September 25, 2024.
ADDRESSES: Susquehanna River Basin Commission, 4423 N Front Street,
Harrisburg, PA 17110-1788.
FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, Esq., General Counsel,
[[Page 78234]]
telephone: 717-238-0423, ext. 1312; fax: 717-238-2436; email:
<a href="/cdn-cgi/l/email-protection#09636670656c7b497a7b6b6a276e667f"><span class="__cf_email__" data-cfemail="d3b9bcaabfb6a193a0a1b1b0fdb4bca5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: A notice of proposed rulemaking was
published in the Federal Register on March 21, 2024; New York Register
on April 10, 2024; Pennsylvania Bulletin on April 13, 2024; and
Maryland Register on April 5, 2024. The Commission convened a public
hearing on May 2, 2024, to hear testimony on the proposed rulemaking. A
written comment period was held open to May 13 and extended upon
request to June 10, 2024.
During this official public comment period, only one comment was
received. The commented focused exclusively on the language added to
new paragraph (d) in Sec. 801.12 regarding dry cooling and electric
power generation. The commenter asked that the nuclear power industry
be wholly exempted from this requirement, stating that the Commission's
regulatory review regulations at part 806 fully covered the use of
water and impacts of water use by industry and that dry cooling was not
practicable for nuclear power plants. The commenter also noted that the
Commission did not provide a definition of ``significantly modified
power generation plants'' in the rulemaking.
The Commission will continue to require the power generation
industry, including the nuclear power industry, to evaluate water use
and utilize readily available technologies to reduce water use. The
Commission believes that smaller nuclear power plants may be able to
use dry cooling and hybrid dry cooling systems in the future. In light
of the comment, the Commission does amend the original language
proposed in paragraph (d) of Sec. 801.12 to focus on the requirement
that project sponsors of power generation plants must evaluate their
projected water use and consider all available and feasible
technologies, including but not limited to dry cooling, that could
lower overall consumptive use of water. This change broadens the focus
not just on dry cooling but also on other technologies that may be more
feasible for the nuclear power industry as well as the power generation
industry as a whole. The Commission also added clarity on what a
``significantly modified power plant'' would be in the context of this
paragraph.
The Commission received no other comments on any other aspects of
the proposed rule or part 801 and therefore made no additional changes
to the language in this final rule.
List of Subjects in 18 CFR Part 801
Administrative practice and procedure, Water resources.
Accordingly, for the reasons set forth in the preamble, the
Susquehanna River Basin Commission amends 18 CFR part 801 as follows:
PART 801--GENERAL POLICIES
0
1. The authority citation for part 801 continues to read as follows:
Authority: Secs. 3.1, 3.4, 3.5(1), 15.1 and 15.2, Pub. L. 91-575
(84 Stat. 1509 et seq.)
0
2. Amend Sec. 801.2 by revising paragraph (b)(9) to read as follows:
Sec. 801.2 Coordination, cooperation, and intergovernmental
relations.
* * * * *
(b) * * *
(9) Coordinate and cooperate with the appropriate agencies of a
member jurisdiction on implementing actions to address resiliency in
the face of changing climatic conditions and to support the aims of
environmental justice.
0
3. Revise Sec. 801.5 to read as follows:
Sec. 801.5 Comprehensive plan.
(a) The Compact requires that the Commission formulate and adopt a
comprehensive plan for the immediate and long-range development and use
of the water resources of the basin.
(1) The plan will include existing and proposed public and private
programs, projects, and facilities which are required, in the judgment
of the Commission, to meet present and future water resources needs of
the basin. Consideration shall be given to the effect of the plan, or
any part of the plan, on the receiving waters of the Chesapeake Bay.
The Commission shall consult with interested public bodies and public
utilities and fully consider the findings and recommendations of the
signatory parties, their various subdivisions and interested groups.
Prior to adoption of the plan the Commission shall conduct at least one
public hearing in each signatory State.
(2) The plan will reflect consideration of multiple objectives,
including economic growth; sustainable regional development and
environmental resilience; coordinated study and consideration of water
quantity and water quality and the nexus with existing and proposed
land uses; and the promotion of cooperation and collaboration between
all levels of government and non-governmental entities.
(3) The Commission will strive to complete a comprehensive update
of the comprehensive plan every 20 years. If adjustments are needed
during the life span of the plan to address emergent priorities, goals,
or objectives, the comprehensive plan will be revised in accordance
with requirements of the Compact.
(4) Projects requiring Commission review and approval will be
included in the comprehensive plan after formal action is taken at
Commission business meetings. Approved projects will be incorporated
into the comprehensive plan and accessible via the Commission's Water
Application and Approval Viewer or successor viewer applications.
(b) The comprehensive plan shall provide for the immediate and
long-range use, development, conservation, preservation, and management
of the water resources of the basin. The plan will be presented in a
form and order as determined by the Commission and shall include but
not be limited to the following:
(1) Statement of authority, purpose, objectives, and scope.
(2) Identification of priorities, goals, and objectives of the
Commission.
(3) Inventory of the basin's water resources and existing
developments, projects, and facilities.
(4) Projection of immediate and long-range water resources needs of
the basin.
(5) Outline of plan implementation measures.
(6) Procedures for updating and modifying the plan.
(7) Necessary appendices.
0
4. Amend Sec. 801.12 by adding paragraph (d) to read as follows:
Sec. 801.12 Electric power generation.
* * * * *
(d) Project sponsors proposing new or significantly modified power
generation plants in the basin shall submit to the Commission for
review an evaluation of their projected water use and consider all
available and feasible technologies, including dry cooling, that could
lower the consumptive use of water at the plant. For the purposes of
this evaluation, a significantly modified power plant is one that is
changing its fuel source or substantially increasing its consumptive
use of water.
0
5. Add Sec. 801.15 to read as follows:
Sec. 801.15 Commission Procurement Procedures; Protests.
(a) Procedures. The Commission shall maintain a policy entitled
``SRBC Procurement Procedures'' that outlines the details and
procedures related to the purchasing and procurement of goods and
services by the Commission. Any
[[Page 78235]]
revisions to this policy shall be consistent with section 15.9 of the
Compact and undertaken in accordance with appropriate public notice and
comment consistent with the requirements of Sec. 808.1.
(b) Right to protest. A bidder or offeror, a prospective bidder or
offeror or a prospective contractor that is aggrieved in connection
with the solicitation or award of a contract, may protest to the
Commission in writing.
(c) Filing of protest. A protestant shall file the protest on a
form and in a manner prescribed by the Commission. A protest shall be
filed within ten calendar days after the aggrieved protestant knew or
should have known of the facts giving rise to the protest, except that
in no event may a protest be filed later than ten calendar days after
the date the contract was awarded. The failure to file a timely protest
shall be deemed as a waiver of the right to protest by any bidder or
offeror, prospective bidder or offeror or a prospective contractor.
Untimely filed protests shall be disregarded by the Commission. The
Executive Director or his/her designee shall be the presiding officer
to hear the bid protest. The awardee of the contract, if any, will be
informed by the Commission of any bid protest that may affect the
contract and the awardee may intervene as a party in any protest filed.
(d) Contents of protest. A protest shall state all the grounds upon
which the protestant asserts the solicitation or award of the contract
was improper. The protestant may submit with the protest any documents
or information it deems relevant to the protest.
(e) Response and reply. Within 15 calendar days of receipt of a
protest, the purchasing officer may submit to the presiding officer and
the protestant a response to the protest, including any documents or
information deemed relevant to the protest. The protestant may file a
reply to the response within ten calendar days of the response.
(f) Evaluation of protest. The presiding officer shall review the
protest and any response or reply and may request and review such
additional documents or information as they deem relevant to render a
decision and may, at their sole discretion, conduct a hearing
consistent with Sec. 808.3 of this chapter. All parties will be
provided with a reasonable opportunity to review and address any
additional documents or information deemed relevant by the presiding
officer to render a decision. Additional documents and information
deemed relevant by the presiding officer will be included in the
record.
(g) Findings and report. Upon completing an evaluation of the
protest, the presiding officer shall prepare a report of their findings
and recommendations based on the record. The report shall be served by
electronic mail or certified mail upon each party to the proceeding.
Any party may file objections to the report. Such objections to the
report shall be filed with the Commission and served on all parties
within 20 calendar days after service of the report. A brief shall be
filed together with the objections. Any replies to the objections and
briefs will be filed and served on all parties within ten calendar days
of service of the objections. Prior to its decision on such objections,
the Commission may, in its sole discretion, grant a request for oral
argument.
(h) Action by the Commission. The Commission will review the
findings and recommendations of the presiding officer and the
objections and render a determination. The Commission's determination
will be in writing and will be served by electronic or certified mail
upon each party to the proceeding.
(i) Appeal. Any final action by the Commission may be appealed to
the appropriate United States District Court within 90 days as set
forth in section 3.10(6) and Federal reservation (o) of the Compact.
(j) Record of determination. The Commission's record of
determination for review by the court shall consist of the
solicitation; the contract, if any; the administrative record of the
protest before the presiding officer; the report of the presiding
officer, along with any objections and replies filed; transcripts and
exhibits, if any; and the final determination of the Board of
Commissioners.
(k) Stay of procurement during pendency of protest. In the event a
protest is filed timely under this section, the purchasing officer
shall not proceed further with the solicitation or with the award of
the contract unless and until the Executive Director makes a written
determination that the protest is clearly without merit, or that award
of the contract without delay is necessary to protect substantial
interests of the Commission, or until the Commission enters a final
determination under paragraph (h) of this section.
(l) Exclusive procedure. This section shall be the exclusive
procedure for protesting a solicitation or award of a contract by a
bidder or offeror, a prospective bidder or offeror or a prospective
contractor that is aggrieved in connection with the solicitation or
award of a contract by the Commission.
Dated: September 18, 2024.
Jason E. Oyler,
Secretary to the Commission.
[FR Doc. 2024-21694 Filed 9-24-24; 8:45 am]
BILLING CODE 7040-01-P
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</html>Indexed from Federal Register on September 25, 2024.
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